Terms of Use - Sharesight

1. General

1.1 In these Terms of Use “we”, “us” and “our” refer to Sharesight Pty Limited (ABN 36 151 146 726) and Sharesight Limited, and “Sharesight” refers to the internet sites at sharesight.com, sharesight.com.au, sharesight.co.nz or any other site operated by us, together with the software and any information that can be accessed on those sites. References to “you” or “your” are references to the Sharesight user.

1.2 These Terms of Use set out the terms on which we grant you access to, and use of, Sharesight and constitute the entire agreement between you and us.

1.3 By accessing or using Sharesight, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (or any revisions to the Terms of Use on Sharesight), you should not use Sharesight or any information obtained as a result of the use of Sharesight.

1.4 We plan to develop Sharesight over time and these Terms of Use will apply to any changes to Sharesight. We reserve the right to revise these Terms of Use from time to time by updating the Terms of Use as displayed on Sharesight at any given time. You will be bound by any such revised Terms of Use.

1.5 We reserve the right to accept or decline on any grounds we consider appropriate, any individual seeking to become a Sharesight user.

2. Your Obligations

2.1 You may only access and use Sharesight to manage your personal portfolios and you are responsible for all activity on your account.

2.2 You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief.

2.3 You must ensure that your access to and use of Sharesight is not illegal or prohibited by any laws which apply to you.

2.4 You must take your own precautions to ensure that the process which you employ for accessing Sharesight does not expose you to risk of viruses or other forms of interference which may damage your systems or data. We take no responsibility for any such damage caused to your systems or data.

2.5 You must make reasonable efforts to investigate and diagnose technical problems before contacting our help desk.

2.6 You must not attempt to gain unauthorised access to any information, or attempt to undermine the security, integrity or functionality of Sharesight.

2.7 You acknowledge that you are solely responsible for all results from your use of Sharesight (including maintaining the confidentiality of passwords and any other information). You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of.

2.8 You agree that if any data is provided to Sharesight by you, including data provided for or on behalf of any third party, all applicable consents (including privacy) have been obtained.

3. Our obligations

3.1 The data you enter, whether directly or on your instruction, is your data and Sharesight will not use it for any purpose that is not incidental to the normal use of the Sharesight service without your consent except where we consider it necessary to investigate suspected violations of our Terms of Use or as required by law.

3.2 Sharesight uses ‘cookies’ and other measures to monitor traffic patterns and to serve you more efficiently when you visit the site. Cookies do not contain information by which we can identify you but they identify your computer to our servers. If you refuse cookies some parts of Sharesight may not function properly.

3.3 We will ensure information submitted on the login and signup pages is transferred between you and our servers using 128 bit SSL encryption or similar.

3.4 Your credit card details will be encrypted and securely stored by Direct Payment Solutions Limited or another suitable third party approved by us to enable us to automatically bill your credit card on a recurring basis. We will not store or have access to your credit card details.

3.5 We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime. However, we will not be liable for any data loss. You should ensure that you keep up-to-date records of all your data.

4. Fees and charges

4.1 We will charge you, and you agree to pay, the monthly subscription fee for the level selected when subscribing to Sharesight (Subscription Fee) if applicable.

4.2 All fees and charges and all prices for access to Sharesight include GST where applicable.

4.3 You authorise us to debit the Subscription Fee from your credit card on a recurring monthly basis.

4.4 If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of dishonour and cancel your subscription.

4.5 You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.

5. Intellectual property

5.1 We are the owners of all intellectual property rights used on or in connection with Sharesight, including (but not limited to) the copyright material, patents and trademarks used on Sharesight.

5.2 No licence is granted to any person in respect of the intellectual property rights used on Sharesight as a result of publication on Sharesight. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.

5.3 You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on Sharesight without our prior written permission (other than information which is your data as described in clause 3.1).

5.4 Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on Sharesight for your personal use. Any copyright notice on that information must be retained on the copy.

6. Links to and from Sharesight

6.1 From time to time Sharesight may include links to other websites. Those websites are not under our control. The links are provided for your convenience only. We do not endorse, and are not responsible for the content, validity, accuracy or your use of, those websites. You should check the terms and conditions of use of those websites before you use them.

6.2 You may not create a link to Sharesight from another website (other than to the home page) without our prior written consent, which may be given or withheld at our sole discretion.

7. Disclaimer and limitation of liability

7.1 We are not a financial product advisory service and Sharesight does not provide financial product advice. The information provided on Sharesight is factual numeric information only based on publicly available data or data entered by the user and the information presented in the reports is derived from that information as a result of commonly used calculations. This information is not a recommendation nor is it a statement of opinion. The information should not be relied upon for making investment decisions and it is recommended that you seek your own independent financial advice before making any decisions in relation to your investments.

7.2 Although the Sharesight taxation reports may be used to compute taxation information, the information provided is not conclusive and does not constitute tax advice. Sharesight is not a registered tax agent and does not provide tax advice. You should consult an independent tax advisor for tax advice.

7.3 To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to Sharesight and the information and reports referred to in clauses 7.1 and 7.2 including but not limited to, warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing: (a) access is provided on an “as is” and “as available” basis – we do not warrant that Sharesight will operate in an uninterrupted or error-free manner and we will not be responsible for the results of any actions taken in reliance on Sharesight; and (b) information which is transmitted to or from you is transmitted at your sole risk and we do not accept any responsibility for any interference or damage to any computer system which arises in connection with you accessing Sharesight.

7.4 To the maximum extent permitted by law, we exclude all liability in contract, tort (including negligence), or otherwise, for any loss (including loss of data, profits or savings) or damage resulting, directly or indirectly, from the use of, inability to use, or reliance on Sharesight. We are not liable to you for indirect and consequential loss or for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to these Terms of Use or your use of Sharesight. If you are not satisfied with Sharesight, your sole and exclusive remedy is to terminate these Terms of Use in accordance with clause 8.3.

7.5 Where legislation implies any guarantee, representation or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such implied term, that implied term will be deemed included but our liability will be limited for a breach of that term (other than a guarantee as to title or undisturbed possession) to one or more of the following: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

7.6 Our liability to you for loss or damage of any kind arising out of or in connection with these Terms of Use or your use of Sharesight is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

7.7 Nothing in these Terms of Use is intended to limit or exclude any liability that cannot be excluded by law.

8. Termination

8.1 We may discontinue or suspend your account immediately if you have breached these Terms of Use or we believe that you are likely to breach these Terms of Use. You will not be entitled to a refund if we discontinue or suspend your account under this clause 8.1.

8.2 We may also discontinue or suspend your account, or reduce the services available to you, for any reason, by giving you one month’s notice.

8.3 You may cancel your account for any reason by giving us one month’s notice.

8.4 Where we discontinue or suspend your account or reduce the services available to you under clause 8.2 you may (at our sole discretion) be entitled to a partial refund.

9. Disputes

9.1 Where any dispute or difference arises in relation to the use of Sharesight or these Terms of Use, both parties agree to use all reasonable endeavours to resolve the dispute as soon as possible.

10. Miscellaneous

10.1 These Terms of Use represent an entire agreement and supersede any prior representation, warranty, agreement or understanding. No amendment, modification or variation to these Terms of Use will be binding on us unless agreed in writing.

10.2 Our successors (by merger, consolidation or otherwise) and assignees will have the benefit under these Terms of Use. You may not assign or transfer all or any part of your rights and benefit under these Terms of Use without our prior written consent.

10.3 If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, that provision (or part of that provision) will be severed from the remaining terms and conditions, which will continue in full force and effect.

10.4 If you are an Australian customer, these Terms of Use, your use of Sharesight, any information contained on it, and any dispute arising out of such use of Sharesight will be governed by and construed in accordance with the laws of New South Wales, and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a New Zealand customer these Terms of Use, your use of Sharesight, any information contained on it and any dispute arising out of such use of Sharesight will be governed by and construed in accordance with the laws of New Zealand, and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.